Dignita
Compliance guide

Can I change my domestic worker's hours or pay?

Short answer

You cannot lawfully change a domestic worker's agreed hours, pay, days or duties on your own — a contract is varied by agreement, not by instruction. To change terms you must discuss the change, get the worker's agreement, and record it in a written addendum to the contract. Forcing a cut in pay or hours without consent is an unfair, unilateral change that the worker can challenge at the CCMA, and reducing pay below R30.23 an hour is never lawful in any case. Adding genuinely new duties or more hours is fine if the pay still meets the minimum and the worker agrees.

A contract is changed by agreement, not decree

Once the wage, hours, days and duties are agreed, they are terms of the contract — and a term can only be changed with the other party's consent. You can propose a change, but you cannot simply impose it. This applies in both directions: just as the worker can't demand a raise unilaterally, you can't cut hours or pay because money is tight or the household's needs shifted. The lawful route is a conversation that ends in agreement.

How to vary the contract properly

Raise the proposed change with the worker, explain the reason, and give them a real chance to respond. If they agree, record the new terms in a written addendum — the new hours, pay, days or duties, and the date they take effect — signed by both. Keep a copy and give the worker one. That written record is what protects both sides if the arrangement is ever questioned.

Unilateral changes are unfair and risky

Cutting pay or hours without agreement is a unilateral change to terms and conditions of employment. The worker can refuse, treat it as a dispute, and refer it to the CCMA; a forced pay cut can even support a claim of constructive dismissal if it makes the job intolerable. And no agreement, written or not, can take the hourly rate below the R30.23 minimum — that floor cannot be negotiated away.

When the household genuinely needs fewer hours

If you truly need less help — you're moving, or the role is shrinking — that may be a reduction of the role rather than a simple pay cut, and it can edge into retrenchment territory, which has its own fairness rules and may attract severance. The honest, lawful approach is to talk it through, try to agree reduced terms, and if the role really falls away, follow a fair retrenchment process. See our termination guide. Compliance tool, not legal advice.

Frequently asked questions

Can I cut my domestic worker's hours or pay?
Not unilaterally. Hours, pay and days are contract terms that can only be changed by agreement, recorded in a written addendum. Pay can never drop below R30.23 an hour regardless.
What if my worker won't agree to the change?
Then the existing terms stand. Imposing the change anyway is an unfair unilateral change the worker can refer to the CCMA. If the role genuinely falls away, that's a retrenchment with its own fair process.
Do I need to put the change in writing?
Yes. Record any agreed change to hours, pay, days or duties in a written, signed addendum to the contract, with the effective date, and keep a copy.
Can a pay cut count as dismissal?
It can. A forced pay or hours cut that makes the job intolerable can support a constructive-dismissal claim at the CCMA. Always change terms by agreement.

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Dignita is a compliance tool, not legal advice. Figures are based on current South African legislation; confirm with a labour-law professional for your situation.